Ex parte Sparks

STAKELY, Justice.

This is an original petition for mandamus filed in this court by Othel Sparks to compel Hon. E. M. Creel as Judge of the Tenth Judicial Circuit of. Alabama to vacate a decree rendered on December 18, 1947, dismissing cause No'. 55546 wherein Othel Sparks et al. were complainants and Ida Johnson was respondent. The only ground argued in support of the petition is that Judge Creel had no jurisdiction to enter the decree of December 18, 1947. The facts as alleged in the petition may be summarized as follows.

On August 30, 1944 a decree was entered in the Circuit Court of the…